Jurisdiction(s):
United Kingdom

ADGM Court of Appeal: section 31 mandatory interim jurisdiction overrides LCIA Rule 25.3; ex parte worldwide freezing orders available post-constitution where the tribunal cannot act effectively

Published on: 17 December 2025

Published by a LexisNexis Arbitration expert

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Article summary

A30 & others v E30 & others [2025] ADGMCA 0003

What are the practical implications of this case?

This decision is notable for arbitration practitioners in ADGM and users of the LCIA Rules, as it settles an enduring friction between contractual arbitration rules and the court’s supervisory role at the seat, for three reasons.

First, it sets a definitive hierarchy: for ADGM-seated arbitrations, the peremptory provisions of the ADGM Arbitration Regulations 2015—most importantly section 31 on interim measures—take precedence over restrictive institutional rules. Practitioners may now apply to the ADGM Court for urgent without-notice freezing orders even after a tribunal has been constituted, without concern that omitting prior tribunal authorisation under LCIA Rule 25.3 will be treated as a breach. The Court confirmed that a tribunal’s inability to grant without-notice relief means it is “for the time being unable to act effectively” under section 31(6), thereby activating the Court’s jurisdiction [A30, ¶ 23; Arbitration Regulations, Article 29(2), 31(6)].

Second, the judgment strengthens the ADGM’s pro-arbitration position...

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